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U.S. v. CANNON

No. 89-1710.

903 F.2d 849 (1990)

UNITED STATES, Appellee, v. Patrick M. CANNON, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 18, 1990.

Attorney(s) appearing for the Case

Charles P. McGinty, Federal Defender Office, for defendant-appellant.

Martin F. Murphy, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., was on brief, for appellee.

Before TORRUELLA, Circuit Judge, BOWNES, Senior Circuit Judge, and SELYA, Circuit Judge.

BOWNES, Senior Circuit Judge.

Defendant appellant Patrick M. Cannon appeals from a jury verdict finding him guilty of bank robbery in violation of 18 U.S.C. § 2113(d). The indictment charged that defendant carried out the robbery "by means of a dangerous weapon: to wit, a handgun." There was evidence from which it could be found that the defendant used a plastic gun for carrying out the bank robbery.

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